Proposed California Law Would Criminalize Truancy

It's all fun and games until the the truancy officer comes around. Credit: Getty Images

So, your kid skips class a few times a year. Maybe he's late a couple times a month. And, once in a while, he just bails on school altogether. Parents who think that's no big deal might have to reconsider if a proposed bill passes that could end up costing Mom and Dad thousands of dollars -- and even months behind bars.

The bill pending in the California Senate would make truancy a criminal misdemeanor, subjecting parents of "chronically truant" children to fines of up to $2,000 and jail time of as long as one year, reports the Oakland Tribune.

During the last school year, the Oakland, Calif., school district reported more than 5,000 children in kindergarten through eighth grade -- 18 percent of enrollment -- missed at least five full days of school without excused absences, the Tribune reports. And about 2,000 children missed 10 days or more, unexcused.

In Contra Costa County, Calif., 5,600 children in nine elementary school districts -- 22 percent of enrolled students -- had at least three tardies or unexcused absences during the 2008-2009 school session, the newspaper says.

The proposed legislation would apply to parents whose children have missed 10 percent of the school year, and would add California to the ranks of states that already have strict truancy laws on the books, like Florida and Texas, the Tribune reports.

Kamala Harris, the San Francisco district attorney who was responsible for drafting the pending legislation, oversees a truancy program in the city that she credits with a dramatic rise in school attendance, according to the newspaper.

"I think that everyone realized that for too long, issues that affect children were seen as small issues -- maybe because children are small -- instead of taking these on as big issues," Harris tells the Tribune. "You know who that chronically truant 6-year-old is going to be? The 'menace to society' that everyone will be knocking on our door about, asking me to prosecute."

The California bill requires school districts to provide parents with support services to address the truancy, with a referral to the justice system, the Tribune reports. Parents sent to court can plead guilty and receive a "deferred judgment," allowing for dismissal of the charge if the child's attendance improves and they have followed court orders -- which may include parenting classes and substance abuse treatment.

Teresa Drenick, deputy district attorney for Alameda County, Calif., tells the Tribune parents often wind up in truancy court because "their life issues have gotten so overwhelming to them that getting their child to school becomes a very low priority."

Many of these parents have physical or mental health problems, have no permanent home and rely on public transit to get their child to school, she says, while some also suffer from domestic violence and homelessness.

Drenick tells the Tribune it's important for the court to intercede when parents have not responded to the school district, citing a stricter truancy policy instituted in Alameda County in 2004 that has yielded significant improvements in attendance for 80 percent of families.

However, not everyone believes the proposed truancy law will benefit children and their families.

Adrian Kirk, who directs the Oakland school district office that works with truant children and their families, tells the Tribune the bill is too punitive. He says since sending your child to school is such a basic thing, a parent must have serious problems if they're not doing so -- problems he says the threat of punishment is not necessarily going to solve.

"The circumstances of their lives haven't changed one iota, and now we're going to punish them harder," Kirk tells the Tribune.

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ReaderComments (Page 4 of 5)

the schools and the state dont care about the kids at all. what they want is the federal money they lose when a child dont go to school. its all over the news every year about how much money they have lost when the kids arent in class

Calivoter will stay in California even after the people are starving and the government has enslaved them...The absurdity of what he/she is saying is amazing. I see why the state is collasping with voters like that. The issue at stake here is the rights of parents and the fact that even children have free will. Calivoter, to support what the school district is doing, one would logically have to support making it a law that parents have ankle monitors placed on all their children at all times so they know where they are.

I remember being to scare of my parents if I left school, But that was when parents were able to discipline there children. know days if you look at your child wrong they call it abuse. So know they want to punish the parent for something they have created

They already do this in Texas. It definitely gets the parent's attention. I know when my little sister's truancy nearly dragged my mom into court she got her butt whooped so good she didn't miss a single day of class her final semester.

That means that parents should then start taking and staying in school with their children cause once you send them out the door thinking that they are going to school,they take another detour,,then their is the issue of discipling your child..because if you spank them it is now CHILD ABUSE,,THEY ARE TO SENSITIVE. I think if your going to make responsible parents, responsible,,then they should have the law helping them discipling the child,cause a responsible parent will lovingly make sure that they are on the right road to success and sometimes it takes a loving spanking to do that.

Teachers are being fired over students' low test scores, and the general public seems to think that's a fabulous idea. But judging by the comments here, the general public also seems to think that parents don't even need to take responsibility for making sure their kid shows up!

Let me ask you this: How am I supposed to teach a child who isn't there? I suppose it will be my fault when he fails his state tests, right?

Another liberal train wreck. Teachers can't apply corporal punishment any more. Parents can't physically deal with out of control kids, otherwise it's court time and parenting classes along with any possible fines and probation. So..... tell me why this isn't a good idea. Only in Liberalfornia.

The schools have no system to keep the children in. The CA lawmakers are so f****ed up they will make more laws to punish the parents who are already struggling to keep the CPS of their backs because you cannot punish your children, it is child abuse. This country and particularly CA is so f****ed up, this country is going to crash in a few years. A major revolution, like the French one and after all lawmakers and lawyers are down, the country will be back on its legs...stronger and more sane.

No wonder California is in such deep $hit, with morons like Calivoter who is supporting the brain dead Kamala Harris. No the law did not help to keep the kids in school, now the california prisons are overflowing with inmates who are eating about half the budget, does Calivoter even know that his state is near bankruptcy, probably too much of a moron to even understand that. Liberal idiots have destroyed the state, and now 20% of the parents will also be in prison and enjoy state benefits..

Constantly, the American educational system, and student test scores, graduation rates are compared to other countries. However, I recently discovered that China only has compulsory education until the age of 14. Certainly their high school students, their universtity students excell. The one's who had no interest, or little ability for academics have dropped out-- and gone on to something else.

Im like 42 but when i was in high school i used to run out of the building into the woods to cut classes -i went to science class most -Then for running out of school i would get suspended and have more time off - So my parents would have had some major fines and could have went to jail for that -I did get my GED when i was 17 though .i think this law is not the best idea ,sort of like a dictator style -How are you going to keep a kid that hates being at school from running away = Make special schools for these kids with more subjects to find out each persons interest!

I know a good way to keep the habitual truants IN the school. The parent will be required to escort them to the office or designated room. In that room, in the parents presence an ankle monitor will be applied to the childs leg. If the child goes beyond the preset boundary an alarm goes off alerting the office and parent to the child leaving.

At the end of the day the child goes back to the designated room to have it removed WITH the parent present.

I bet that after a few weeks of having mommy hold their hand to school and being under "school arrest" (like house arrest) that they will square up.

Make the first time frame 30 school days. If it seems warranted at 30 the monitor can be discontinued but if the child repeats then it goes to 90 more school days before reconsideration. After that it will be the entire school year remaining AND the 1st half of the following year mandatory.Yes it will be seriously inconvenient for the Parent/s but is will be seriously embarassing for the student. It will ensure they are in school. Plain and simple and mom or dad doesnt need to go to jail to burden that system and the child doesnt face foster care to burden that system.

This is a bunch of BS. My child is white, my husband and I had the same problem. We are hands on parents, making sure homework is done, knowing who their friends are and home everynight after work for a family dinner. You, Wayne, are nothing but a racist.

That is the most racist statement I have ever heard. I am white as is my entire family. We took my son to school every day. Our schedule was to come home from work, make them do their home work, have dinner together and we knew the majority of their friends becaused the friends came to the house. So, since I am not Hispanic or Black - what is the excuse there?

I absolutely loathe the state of California; they have chemical warnings on everything that says this product is known to the state of California as causing blah, blah, blah. Things that are a small misdemeanor any where else is a FELONY there. Almost all firearms are outlawed there, and the list is so long, I could write for days, and not make a dent in just how out of touch they are with the common person. This state, and I wish they were not one of our states is one very screwed up place. I will be glad when the quake I read about that is coming soon washes it off the map, and to the bottom of the ocean. Good Riddance, CA.

A lot of the comments I see are about kids ditching, but what I've seen a LOT of is kids that are from India, China, South Korea and where-ever-else go on month-long trips back to their home states, and that is part of the parents' fault, but I still agree with all of you. If the state is in that much of money-turmoil, take it from the people who can spare it, not from the ones who are already worrying about how to get dinner for next week, like a lot of what I've seen when I lived in Cali.

This might work for kids up to age 12. But half those (truant) kids don't even know where their parents are, how will the cops find them? For kids say 12 and over, there needs to be dual--or three way (parent, school, child) accountability. Forget the jail time--that's taxpayer dollars. Attach accountability to welfare benefits and housing, Kids won't starve--if they go to school, they get free breakfast and lunch!

TheTalkies

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